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State v. Smith

Citations

  • 753 N.W.2d 562
  • 2008 Iowa Sup. LEXIS 99
  • 2008 WL 2854495

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that when the district court erroneously considered a motion in arrest of judgment where the defendant waived his right to file the same, the defendant’s only “avenue for relief is a postconviction-relief proceeding”
  • holding the applicable rule 2.24(3)(b) deadline is the earlier of the forty-five days from plea or five days before date set for sentencing
  • finding that “if the date of sentencing is set for more than fifty days after the plea, the maximum time a defendant has to file the motion in arrest of judgment is forty-five days from the plea”
  • finding it an abuse of discretion and clearly erroneous for the court to consider an untimely motion in arrest of judgment
  • stating the denial of a motion in arrest of judgment is reviewed for an abuse of discretion
  • noting our review of the district court’s denial of a motion in arrest of judgment is for abuse of discretion

Source: CourtListener parenthetical corpus (CC0).

Judges: Wiggins, Baker

Read full opinion on CourtListener

Cited by

47 cases in this archive cite this case; the 20 most cited are listed.

Cites

7 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.